1998-23BILL NO. 1998-23
C
AN AMENDMENT TO SECTION 930 OF THE UPDATING THE NOISE ORDINANCE
CODE OF THE CITY OF RICHFIELD IN ORDER TO CLEARLY DEFINE AND
ENFORCE NOISE VIOLATIONS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 930 of the ordinance code of the City of Richfield entitled "Noise Control"
[J
is hereby amended:
Section 930 -Noise control
930.01. Subdivision 1. Definitions. For purposes of this section the terms defined in
this subdivision have the meanings given them.
Subd. 2. "L 10 Level" means the noise level, expressed in dBA, which is
exceeded by ten percent of the time for a one hour survey as measured by test
procedures formulated by the City's Department of Public Safety.
Subd. 3. "Motor Vehicle" means (i) any self-propelled vehicle not operated
exclusively upon railroad tracks, (ii) any vehicle propelled or drawn by any self-
propelled vehicle,
d ~d :'~"I . "dtitJY7tt1rJ'kttF 'e--~e•a'~J-a-CV'el~~'~el~e'~CttFb I.. .~! ~ n i.v ...~. rl fry r i r~ ~ io I _ rnn
Subd. 54. °'Daytime" means that part of each calendar day between the hours of
7:00 a.m. and 10:00 p.m.
Subd-~5. "Nighttime" means that part of each calendar day between the hours
of midnight and 7:00 a.m. and between 10:00 p.m. and midnight.
930.03. Adoption of Regulations by Reference. The following state agency regulations
are adopted by reference: Minnesota Pollution Control Agency, Noise Pollution Control
Section, 6 MCAR SS4.2004 and NPC 1.
930.05. Receiving Land Use Standards. Subdivision 1. Maximum Noise Levels by
Receiving Land Use District. No person shall operate or cause to be operated or permit
any source of noise in such a manner as to create a noise level exceeding the limits set
in Table I for the receiving land use category specified therein when measured at the
property line of the receiving use which is closest to the source.
Bill No. 1998-23
-2-
Table I
L 10 Noise Limits by Receiving Zoning Districts
Zoning Districts Daytime Nighttime
Industrial (I) 70 dBA 70 dBA
General Commercial (C-2) 65 dBA 65 dBA
Neighborhood Commercial (C-2) 60 dBA 60 dBA
Residential (R, MR) 60 dBA 50 dBA
Subd. 2. Exceptions. The noise limits prescribed in subdivision 1 shall not apply
to the following:
{-fa} ~ construction activities described in subsection 930.09.
{s} ~ situations in which public health and safety require that immediate
work be done on any property the performance of which exceeds
the sound levels permitted for that time of day or for that day.
{~-} ~, situations in which the purpose of the sound is to alert persons to
an emergency or for the purpose of testing any alarm system.
930.07. Outdoor Implements. No person may operate any outdoor power implement,
including but not limited to lawn mowers, hedge clippers, chain saws or other
implements designed primarily for outdoor use, at any time other than between the
hours of 7:00 a.m. and 10:00 p.m. on weekdays and 8:00 a.m. and 10:00 p.m. on public
holidays, Saturdays and Sundays, except that snowblowers shall not be operated at
any time other than between the hours of 6:00 a.m. and 10:00 p.m. any day of the
week. nn i.,~,r~l°.,-,°n+ h~+ll "° °#°n+i~i°h~ .v,~rfFl°rl er~_..c. +^ r+r°~i°„++"° °mi~~ir,R n~o,a~
~ ~
930.09. Construction activities. Construction activity involving the use of power
equipment which does not generate a sound level in excess of 85 dBA, measured 58
f°°+ "°„^^.+ at the property line of the source, may be operated in all zones between
the hours of 7:00 a.m. and 10:00 p.m. daily. All other construction activity may be
carried out only between the hours of 7:00 a.m. and 10:00 p.m. on weekdays and 8:00
a.m. and 10:00 p.m. on Saturdays.
930.11. Air circulation devices. No person may permanently install or place any sound
emitting air circulation device or other mechanical equipment, except a window air
conditioning unit, in any outdoor location without first obtaining a permit for the
installation. The sound level produced by any window unit and by any existing air
circulating or mechanical device shall be a~ reduced in the manner required by
the director of public safety. Such requirements may include, but are not limited to,
relocation of the device if the noise results or contributes to sound levels in excess of
those specified in Table I.
I
Bill No. 1998-23 -3-
930.13. Motor Vehicles. Subdivision 1. General restrictions. No person may operate
a motor vehicle or combination of vehicles in such a manner as to exceed the noise
limits contained in Pollution Control Agency Rules, 6 MCAR 4.2004.
Subd. 2. Idling of motor vehicles. No person may operate or permit the
operation of any motor vehicle or any auxiliary equipment attached to such vehicle
9
. in a
manner that constitutes unlawful idling in violation of this subdivision. As used in this
subdivision a vehicle is engaged in unlawful idling if:
a) the vehicle is stationary for reasons other than congested traffic, for a
period of more than 10 minutes in any hour between the hours of 10:00 p.m.
of one day and 8:00 a.m. of the following day; and
,b~ the vehicle is located on public or private property within 150 feet of a
residential zone.
Subd. 3. Motor vehicle in disrepair. No person may operate any motor vehicle in
such a condition of disrepair as to create loud or unnecessary grating, grinding, rattling
or other noise.
Subd. 4. Loading of vehicles. No person may create any loud and excessive
noise in connection with the loadin unloading or unpacking of any vehicle.
Subd. 5. Muffler required. No person may permit the discharge into the open air
of emissions from an internal combustion engine except through a muffler or other
device which will effectively prevent loud or explosive noises issuing therefrom.
Subd 6 Audio Equipment No person may operate a motor vehicle audio
system in a manner so that the sounds emitted by the system are audible at a distance
of 50 or more feet from the motor vehicle.
930.15. Keeping of Animals. The keeping of a dog, cat or other animal which by
reason of noise caused by it or by its presence, annoys other persons who are in the
neighborhood is a public nuisance and is unlawful. lJpon the receipt of a written
complaint of such annoyance by the occupants of two or more neighboring properties,
the city shall notify the owner of the animal that the nuisance must be abated within 48
hours. Failure to obey the notice is a violation of this subsection.
930.17. Refuse Hauling and Snow Plowing. The operation of vehicles used for the
hauling of refuse on private property shall be limited ~^ r°°~,+°^+;^' ,~,~.+rc^+~ ^.;u ..~i±"?^
to the period between 7:00 a.m. and 10:00 p.m. ^^ °•~°°'~~'^~~~°
any day of the week. The operation of vehicles for snow plowing on private property
shall be limited in residential districts and within 50 feet of such districts to the period
from 6:00 a.m. and 10:00 p.m. any day of the week.
Bill No. 1998-23 -4-
930.19. Horns and Signaling Devices. The following uses of horns or other signaling
devices are unlawful:
(a) the sounding of any horn or signaling device on any automobile,
motorcycle or other vehicle and upon any locomotive, except as a danger
warning;
(b) the creation by means of any signaling device of any unreasonably loud or
harsh sound; and
(c) the sounding of any device for an unnecessary and unreasonable period of
time.
930 21 Radios Phonographs Stereo and Electronic equipment, Paginq Systems:
Except Advertising. No person may use or operate or permit the use or
operation of any radio receiver, musical instrument, phonograph, stereo and
electronic equipment, paging system, machine or other device for the
production or reproduction of loud sounds so as to unreasonably disturb the
peace, quiet and comfort of any person nearby. The following shall constitute
such a disturbance:
(a) Operation of any set,-n~egr^^ shm° ^.~ °r such
device awe from within an enclosed structure between the hours of
10:00 p.m. of any day and 7:00 a.m. of the next day in a manner distinctly
audible at the property line of the structure or building in which it is
located; or in the hallway or apartment unit adjacent if located in an
apartment unit, ^r + ^ ,+; +^^^~e~59-#e^+ ~f~~t~se-+s-Is~saie~a~to aG-a
Operation of any such device outside of an enclosed structure at any time,
in a manner distinctly, audible at a distance of 50 feet from the device.
The regulations contained in this subsection are not applicable to licensed sound trucks
and other similar advertising activities.
930.23. Radios Phonographs Stereo and Electronic equipment, Paginq Systems:
Commercial Advertising. No person may use or operate or permit the use or operation
of any radio receiver, musical instrument, phonograph stereo and electronic equipment,
paging system or other device for the production or reproduction of sound on any street
or other public place, or audible at any location, for the purpose of commercial
advertising or attracting the attention of the public to any commercial establishment or
vehicle unless a license is first obtained pursuant to chapter XI.
930.25. Noise Near Schools Churches and Health Care Institutions. No person may
willfully create any excessive noise on any street, alley, sidewalk or public grounds
adjacent to any educational, religious or health care institution when the noise
unreasonably interferes with the conduct of the activities of the institution or disturbs or
unduly annoys its occupants or residents.
Bill No. 1998-23 -5-
930.27. u~~.,~~rn ~^~' Peddling. No t~,^`na-vi cr peddler or vendor may make any noise on
a public street, whether by yelling, shouting or otherwise, which disturbs the peace and
quiet of the residents of the neighborhood.
930.29. Participation in Noisy Gatherings.
a. At any time between the hour of 10:00 p.m. of any day and 7:00 a.m.
of the following day no person may congregate ~esa~se-e#; at, or participate
in, any party or gathering of people from which noise emanates of sufficient
volume to unreasonably disturb the peace, quiet or repose of other persons
......... ~ r....... , .. _ .. r _ r ....... _ _ .. _ .. _.. - .~ - - ~ - _. ~ - ~ - - - - - _ - - - - - e - - - e - - - -
b A police officer may order all persons present at such party or
atg hering other than the owners residents or tenants to immediately
disperse. Any_person who refuses to leave after being ordered to do so by a
police officer is guilty of a violation of this subsection.
c Any owner tenant or resident of the building or place who has legal
authority to control the activities at such building or place and who knows or
has reason to know of the disturbance and fails to immediately take
reasonable steps to abate_such_disturbance is quilty of a violation of this
subsection.
d Any owner of a building or place who knows or has been notified of a
,pattern of disturbances and fails to immediately take reasonable steps to
abate such disturbances is quilty of a violation of this subsection. For
pur oses of this subsection a disturbance is defined as an incident which
results in oral or written communication with the public safety department;
pattern is defined as more than one (1) disturbance in a 30-day period or six
(6) or more disturbances in a twelve (12) month period.
930.31. Additional Restrictions. Notwithstanding any other provision of this section, no
person may make, continue or cause to be made or continued, any loud, unnecessary
or unusual noise or mother noise which unreasonably disturbs, injures or endangers
the comfort, repose, health, peace or safety of others within the limits of the city.
930.33. Administration and Enforcement. Subdivision 1. Responsible official. The
manager, acting personally or through his designee, shall administer and enforce the
noise control regulations contained in this section.
Subd. 2. Testing Procedures. The manager shall adopt guidelines establishing
the test procedures and instrumentation to be used in enforcing the provisions of this
section.
Bill No. 1998-23 -6-
930.35. Noise Variances. Subdivision 1. Authority. The council and manager may,
consistent with this subsection, grant variances from the requirements of any provision
of this section.
Subd. 2. Application. A person seeking a variance shall file an application with
the manager on forms prescribed by the manager. The application shall state the dates
during which the variance is proposed, the location of the noise source, the time of
operation of the noise source, the nature of the noise source, the reasons why the
variance is sought, the steps which will be taken to minimize the noise level and such
other information as is required by the manager.
Subd. 3. Action on Application: 15 days or less. If the requested variance is to
last for a period of 15 days or less, the manager may either grant or deny the request.
Before granting or denying the request, the manager may require the applicant to notify
property owners within 500 feet of the noise source that the application has been made.
A person claiming to be adversely affected by the granting of the variance may be given
an opportunity to file a statement in opposition to the granting of the variance stating the
reasons for such opposition. The manager may conduct an informal hearing at which
the applicant and persons filing statements in opposition to the variance are given an
opportunity to be heard. The manager shall thereafter either grant or deny the variance
request.
Subd. 4. 15 days or more. If the requested variance would last for a period of
more than 15 days, it shall be granted or denied by the council after hearing. Upon
receipt of an application for such a variance, the manager shall give mailed notice of
the council hearing to property owners within 500 feet of the noise source. At the
hearing applicant and all persons claiming to be affected by the variance request may
be heard.
Subd. 5. Hardship: conditions. A variance may not be granted by either the
council or the manager unless it is found that full compliance with this section would
constitute an unreasonable hardship on the applicant, which hardship outweighs any
serious adverse impact upon the health, safety or welfare of the public. In granting a
variance, the council or the manager, as the case may be, may attach conditions
including sound levels, duration, hours, design and termination of the variance.
Subd. 6. Temporary variances. The manager may grant temporary variances
pending action by the council on an application for a variance.
930.37, Appeals. A person, whose interests are affected by the granting or denial of a
variance, or any condition imposed thereon, may appeal the manager's decision to the
council. An appeal may be initiated by filing a notice of appeal with the clerk within 20
days of the date of the manager's decision. The appeal shall be heard by the council
as soon thereafter as practicable. In considering the appeal, the council shall hear
evidence bearing upon the granting or denial of the variance or any conditions to be
imposed. The council shall have 30 days following the close of the hearing on a
variance to either grant or deny the variance. The variance may be granted subject to
conditions which the council may in its discretion impose.
a
_~
Bill No. 1998-23
-7-
930.39. Sound level and bid awards: evaluation of city bids. The city may consider the
sound levels of equipment which bidders propose to supply to the city in evaluating
which equipment represents the lowest responsible bid.
Passed by the City Council of the City of Richfield, Minnesota this 9th day of
November, 1998.
r'
~ ,
,~,,~
Martin J. Kirsch, Mayor
ATTEST:
Thomas P. Ferber, City Clerk ~ ~ ~'`~
1
MINNESOTA
SUN
PusucATlorvs
Sun Current • Sun Sailor • Sun Post
AFF{DAVIT OF PUBLICATfON
STATE OF MINNESOTA)
SS.
COUNTY OF HENNEPIN)
John Coots, being duly sworn on an oath states or affirms, that he is the president of the
newspaper known as Sun-Current or the president's designated
agent, and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable
laws, as amended.
(B) The printed public notice that is attached was published in the newspaper once each week,
for one successive weeks; it was first published on Wednesday, the 18th day of
November , 1998, and was thereafter printed and published on every Wednesday to and
including Wednesday, the day of , 1998; and printed below is a copy of
the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being
the size and kind of type used in the composition and publication of the notice:
abcdefghijklmnopgrstuvwxyz
BY:
President
Subscribed and sworn to or affirmed before me
on this 18th day of November , 1998. ~,,~
,,
~-
. 3
1. ~ 4 p"-.~~,rJ.
Notary Public- ~ ~ ~ _,_. _ <;
'_) .7`,
RATE INFORMATION
(1) Lowest classified rate paid by commercial users $ 2.55 per line.
for comparable space
(2) Maximum rate allowed by law $ 6.20 per line.
(3) Rate actually charged $ 1.24 per line.
City of Richfield
(O~cial Publication)
BILL NO. 1998-23
AN AMENDMENT TO SECTION 930 OF THE
UPDATING THE NOISE ORDINANCE
CODE OF THE CITY OF RICHFIELD IN ORDER
TO CLEARLY DEFINE AND
ENFORCE NOISE VIOLATIONS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 930 of the ordinance code of the City of Rich-
field entitled "Noise Control" is hereby amended:
Rertion 930 -Noise control
930.01. Subdivision 1. Definitions. For purposes of this sec-
tion the terms defined in this subdivision have the mean-
ings given them.
Subd. 2. "L 10 Level" means the noise level, expressed
in dBA, which is exceeded by ten percent of the time for a
`. one hour survey as measured by test procedures formulat-
V ed by the City's Department of Public Safety.
Subd. 3. "Motor Vehicle" means (i) any self-propelled
vehicle not operated exclusively upon railroad tracks, (ii)
any vehicle propelled or drawn by any self-propelled vehi-
ilea-
f, -.p
Subd. bq. "Daytime" means that part of each calendar
day between the hours of 7:00 a.m. and 10:00 p.m.
Subd. 6,~ "Nighttime" means that part of each calen-
dar day between the hours of midnight and 7:00 a.m. and
between 10:00 p.m. and midnight.
930.03. Adopyjon of RepJ lation by R_gfgr ,nce. The follow-
ingstate agency regulations are adopted by reference: Min-
nesota Pollution Control Agency, Noise Pollution Control
Section, 6 MCAR S54.2004 and NPC 1.
930.05. Rere;vine Land Uce Standards. Subdivision 1.
Maximum Noise Levels b ivinP T,and Use District.
No person shall operate or cause to be operated or permit
any source of noise in such a manner as to create a noise
level exceeding the limits set in Table I for the receiving
land use category specified therein when measured at the
property line of the receiving use which is closest to the
source.
Talz1~I
L 10 Noise Limits by Receiving oning Di tric s
Industrial (I) 70 dBA 70 dBA
General Commercial (C-2) 65 dBA 65 dBA
Neighborhood Commercial (C-2) 60 dBA 60 dBA
Residential (R, MR) 60 dBA 50 dBA
Subd. 2. Exceptjons. The noise limits prescribed in
subdivision 1 shall not apply to the following:
~~.
(}>)~ construction activities described in subsec-
tion 930.09.
(~ situations in which public health and safe-
ty require that immediate work be done on
any property the performance of which ex-
ceeds the sound levels permitted for that
time of day or for that day.
F~ situations in which the purpose of the
sound is to alert persons to an emergency
or for the purpose of testing any alarm sys•
tem.
930.07. O ,ts door Imol m n c No person may operate any
outdoor power implement, including but not limited to
lawn mowers, hedge clippers, chain saws or other imple-
ments designed primarily for outdoor use, at any time
other than between the hours of 7:00 a.m. and 10:00 p.m.
on weekdays and 8:00 a.m. and 10:00 p m. on public holi-
days, Saturdays and Sundays, except that snowblowers
shall not be operated at any time other than between the
hours of 6:00 a.m. and 10:00 p.m. any day of the week.~i
930.09. Construction activities. Construction activity in-
volving the use of power equipment which does not gener-
ate asound level in excess of 85 dBA, measured b9-feebke-
yent} ~ the property line of the source, may be operated in
all zones between the hours of 7:00 a.m. and 10:00 p.m
daily All other construction activity may be carried out
City of Richfield
(Official Publication)
BILL NO. 1998-23
AN AMENDMENT' TO SECTION 930 OF THE
UPDATING THE NOISE ORDINANCE
CODE OF THE CITY OF RICHFIELD IN ORDER
TO CLEARLY DEFINE AND
ENFORCE NOISE VIOLATIONS
THE CITY OF RICHFIELD DOES ORDAIN:
Section 930 of the ordinance code of the City of Rich-
field entitled "Noise Control" is hereby amended:
930.01. Subdivision 1. Definitions. For purposes of this sec-
tion the terms defined in this subdivision have the mean-
ings given them.
Subd. 2. "L 10 Level" means the noise level, expressed
in dBA, which is exceeded by ten percent of the time for a
one hour survey as measured by test procedures formulat-
ed by the City's Department of Public Safety.
Subd. 3. "Motor Vehicle" means (i) any self-propelled
vehicle not operated exclusively upon railroad tracks, (ii)
any vehicle propelled or drawn by any self-propelled vehi-
cle,
sxew~»ebi}ee,
Subd. b~. "Daytime" means that part of each calendar
day between the hours of 7:00 a.m. and 10:00 p.m.
Subd. 6~ "Nighttime" means that part of each calen-
dazday between the hours of midnight and 7:00 a.m. and
between 10:00 p.m. and midnight.
930.03. Adoption of R~pulations by Reference. The follow-
ingstate agency regulations are adopted by reference: Min-
nesota Pollution Control Agency, Noise Pollution Control
Section, 6 MCAR SS4.2004 and NPC L
930.05. Receiving Land Ilse Standards. Subdivision 1.
Maximum Noise Levels by Receiving Land Use District.
No person shall operate or cause to be operated or permit
any source of noise in such a manner as to create a noise
level exceeding the limits set in Table I for the receiving
land use category specified therein when measured at the
property line of the receiving use which is closest to the
source.
Table I
L 10 Noise Limits by Receiving Zoning Districts
7,onjn i ri is Daytime Ni h' imP
Industrial (D 70 dBA 70 dBA
General Commercial (C-2) 65 dBA 65 dBA
Neighborhood Commercial (C-2) 60 dBA 60 dBA
Residential (R, MR) 60 dBA 50 dBA
Subd. 2. >+__xcgp ions. The noise limits prescribed in
subdivision 1 shall not apply to the following:
Fad
~~
~)~ construction activities described in subsec-
tion 930.09.
(~ situations in which public health and safe-
tyrequire that immediate work be done on
any property the performance of which ex-
ceeds the sound Ievels permitted for that
time of day or for that day.
~) situations in which the purpose of the
sound is to alert persons to an emergency
or for the purpose of testing any alarm sys-
tem.
930.07. Outdoor Implements. No person may operate any
outdoor power implement, including but not limited to
lawn mowers, hedge clippers, chain saws or other imple-
ments designed primarily for outdoor use, at any time
other than between the hours of 7:00 a.m. and 10:00 p.m.
on weekdays and 8:00 a.m, and 10:00 p m. on public holi-
days, Saturdays and Sundays, except that snowblowers
shall not be operated at any time other than between the
hours of 6:00 a.m. and 10:00 p.m, any day of the week.-AI'I
930.09. Construction activities. Construction activity in-
volving the use of power equipment which does not gener-
ate asound level in excess of 85 dBA, measured b9-feet~ke-
r1I the property line of the source, may be operated in
all zones between the hours of 7:00 a.m. and 10:00 p.m
daily. All other construction activity may be carried out
only between the hours of 7:00 a.m. and ].0:00 p.m. on
weekdays and 8:00 a.m. and 10:00 p.m. on Saturdays.
930.11. Air circulation devices. No person may perma-
nently install or place any sound emitting air circulation
device or other mechanical equipment, except a window air
conditioning unit, in any outdoor location without first ob-
taining apermit for the installation. The sound level pro-
duced by any window unit and by any existing air circu-
lating or mechanical device shall be ai6erweied reduced i n
the manner required by the director of public safety. Such
requirements may include, but are not limited to, reloca-
tion ofthe device%fthenoise results or contributes to sound
levels in excess of those specified in Table I.
930.13. Motor Vehicles. Subdivision 1. General restric-
tions. No person may operate a motor vehicle or combina-
tionofvehicles in such a manner as to exceed the noise lim-
its contained in Pollution Control Agency Rules, 6 MCAR
4.2004.
Subd. 2. Idling of motor vehicles. No person may oper-
ate orpermit the operation.of any motorvehicle or any aux-
iliary equipment attached to such vehicle-fare-versed-e~'
this subdivision a vehicle is engaged in unlawful idling if.
~ th . v hi 1 i tationarv. for reasons nther than
congested traffic. far a period of more than 10 min-
ulg is n any ho ~r b w . n h ho ors of 10:00 n.m.
o£on . v and 8:00 a.m of the following_duy: and
h~ the vehicle is located ongublic orgrivate property
within 150 feet of a residential zone.
Subd. 3. Motor vehicle in disrepair. No person may op-
erate any motor vehicle in such a condition of disrepair as
to create loud or unnecessary grating, grinding, rattling or
other noise.
Subd. 4. LoadinE ofvehicles. No person may create any
loud and excessive noise in connection with the loading.
unloading or unpacking of any vehicle.
Subd, 5. Muffler required. No person may permit the
discharge into the open air of emissions from an internal
combustion engine except through a muffler or other de-
vice which will effectively prevent loud or explosive noises
issuing therefrom.
Subd. 6. Audio Egyjnment. No person may operate a
motor vehicle audio svstem in a manner so that the sounds
emitted by the svstem are audible at a distance of 50 or
more feet from the motor vehicle
930.15. Keegng of Animals. The keeping of a dog, cat or
other animal which by reason of noise caused by it or by its
presence, annoys other persons who are in the neighbor-
hood is a public nuisance and is unlawful, Upon the receipt
of a written complaint of such annoyance by the occupants
of two or more neighboring properties, the city shall notify
the owner of the animal that the nuisance must be abated
within 48 hours. Failure to obey the notice is a violation of
this subsection.
930.17. Refuse Hauling and Snow Plowing. The operation
ofvehicles used for the hauling of refuse on private prop-
erty shall be limited '
to the period between 7:00 a.m, and
10:00 p.m. e~rweel~~ye any dav of the week. The operation
of vehicles for snow plowing on private property shall be
limited in residential districts and within 50 feet of such
eistricts to the period from 6:00 a.m, and 10:00 p.m. any
day of the week.'
930.19. horns and Sjgnaline Devices. The following uses
of horns or other signaling devices are unlawful:
(a) the sounding of any horn or signaling device on
any automobile, motorcycle or other vehicle and
upon any locomotive, except as a danger warning;
(b) the creation by means of any signaling device of
any unreasonably loud or harsh sound; and
(c) the sounding of any device for an unnecessary and
unreasonable period of time.
930.21. Radio~Phonoeranhs.StereoandElectroniceouin-
ment.,~apjng~ystems: Except Advertising. No person may
use or operate or permit the use or operation of any radio
receiver, musical instrument, phonograph, stereo and elec-
tronic enyinmPnt, paging system, machine or other device
for the production or reproduction of Loud sounds so as to
unreasonably disturb the peace, quiet and comfort of any
person nearby. The following shall constitute such a dis-
turbance:
(a) Operation of any
~teki~e-x~-e6lter ~i device e~b-wxg-time from
within an enclosed structure between the hours of
10:00 p.m. of any day and 7:00 a.m. of the next day
in a manner distinctly audible at the property line
of the structure or building in which it is located;
~ in the hallway or apartment unit adjacent if lo-
cated in an apartment unit,
~ Operation of any such device outside of an en-
closed structure at any time. in a manner dis-
tinctly audible at a distance of 50 feet from the de-
vice.
The regulations contained in this subsection are not ap-
plicable to licensed sound trucks and other similar adver-
tising activities.
930.23. Radios. Phonograuhs Stereo and Electronic eguip-
ment. Pagjne Systems: Commercial Advertising. No per-
son may use or operate or permit the use qr operation of
any radio receiver, musical instrument, phonograph~.g~
and electronic equipment. paging system or other device
for the production or reproduction of sound on any street
or other public place, or audible at any location, for the pur-
pose of commercial advertising or attracting the attention
of the public to any commercial establishment or vehicle
unless a license is first obtained pursuant to chapter XI.
930.25, Noise Near Schools. Churches and Health Caze In-
~titutions. No person may willfully create any excessive
noise on any street, alley. sidewalk or public grounds ad-
jacent to any educational, religious or health care institu-
tion when the noise unreasonably interferes with the con-
duct of the activities ofthe institution or disturbs or unduly
annoys its occupants or residents.
930.27. ~ Peddling. No iew~ker, peddler ar
vendor may make any noise on a public street, whether by
yelling, shouting or otherwise, which disturbs the peace
and quiet of the residents of the neighborhood.
930.29. Participation in Noisy Gatherings.
a. At any time between the hour of 10.00 p m. of any
day and 7:00 a.m. of the following day no person
may congregate ~eeaexse-et; at or participate in,
any party or gathering of people from which noise
emanates of sufficient volume to unreasonably
disturb the peace, quiet or repose of other persons
}Z, A~olice oflicsr may order all pe_.;~ons~rasent at
such~artv or gathering other than the owners
residents or tenants to immediately disuerse Anv
person who refLSes to leave after being ordered to
do so by a Qnlice officer is gsailty of a violation of
this subsection.
~ Anv owner,~enant or resident of the building or
place who has legs] authority to~ptrol the activ-
ities at such building or place and who knows or
has reason to know of the disturbance and fails to
immediately take reasonable steps to abate such
disturbance is guilty of a violation of this subsec-
t?41•
tl., Anv owner of a buildin~2r place who knows or has
been notified of a Rattern of disturbances and fails
to immediately take reasonable steps to abate
such disturbances is guilty of a violation of this
subsection For pu~-goses of this subsection a dis-
turbance isdefined as an incident which results in
oral or written communication with the public
safety department p$ttern isdefined as more than
ene (1) disturbance in a 30-dav period or six (6) or
more disturbancesin a twelve (12) month period.
930.31. Additional Restrictions. Notwithstanding any
other provision of this section, no person may make, con-
tinue or cause to be made or continued, any loud, unnec-
essary or unusual noise or ter} other noise which unr -
sonablvdisturbs, injures or endangers the comfort, repose.
health, peace or safety ofothers within the limits ofthe city.
930.33. Administration and Enforcement. Subdivision 1.
Responsible official. The manager, acting personally or
through his designee, shall administer and enforce the
noise control regulations contained in this section.
Subd. 2. Testing Procedures. The manager shall adopt
guidelines establishing the test procedures and instru-
mentation to be used in enforcing the provisions of this sec-
tion.
930.35. Noise Variances. Subdivision 1. Authority. The
council and manager may, consistent with this subsection,
grant variances from the requirements of any provision of
this section.
Subd. 2. Application. A person seeking a variance
shall file an application with the manager on forms pre-
scribed by the manager. The application shall state the
dates during which the variance is proposed, the location
of the noise source, the time of operation of the noise
source, the nature of the noise source, the reasons why the
variance is sought, the steps which will be taken to mini-
mize the noise level and such other information as is re-
quired by the manager. .,
Subd. 3. Action on Application: 15 davs or less. If the
requested variance is to last for a period of 15 days or less,
the manager may either grant or deny the request. Before
granting or denying the request, the manager may reyuire
the applicant to notify property owners within 500 feet of
the noise source that the application has been made. A per-
son claiming to be adversely affected by the granting of the
variance may be given an opportunity to file a statement
in opposition to the granting of the variance stating the
reasons for such opposition, The manager may conduct an
informal hearing at which the applicant and persons filing
statements in opposition to the variance are given an op-
portunity to be heard. The manager shall thereafter either
grant or deny the variance request.
Subd. 4. 15 davs or more. If the requested variance
would last for a period of more than 15 days, it shat] be
granted or denied by the council after hearing. Upon re-
ceipt of an application for such a variance, the manager
sha[I give mailed notice of the council hearing to property
owners within 500 feet of the noise source. At the hearing
applicant and all persons claiming to be affected by the
variance request may be heard.
Subd. 5. Hardship: conditions. A variance may not be
granted by either the council or the manager unless it is
found that full compliance with this section would consti-
tute an unreasonable hazdship on the applicant, which
hardship outweighs any serious adverse impact upon the
health, safety or welfare of the public. In granting a vari-
ance, the council or the manager, as the case may be, may
attach conditions including sound levels, duration, hours,
design and termination of the variance.
Subd. 6. Temporary variances. The manager may
grant temporary variances pending action by the council
on an application for a vaziance.
930.37. Ac~oeals. A person, whose interests are affected by
the granting or denial of a variance, or any condition im-
posed thereon, may appeal the manager's decision to the
council. An appeal may be initiated by filing a notice of ap-
peal with the clerk within 20 days of the date of the man-
ager's decision. The appeal shall be heard by the council as
soon thereafter as practicable. In considering the appeal,
the council shall hear evidence bearing upon the granting
or denial of the variance or any conditions to be imposed.
The council shall have 30 days following the close of the
hearing on a variance to either grant or deny the variance.
The variance may be granted subject to conditions which
the council may in its discretion impose.
930.39. Sound level and bid awards evaluation ofcity bids,
The city may consider the sound levels of equipment which
bidders propose to supply to the city in evaluating which
equipment represents the lowest responsible bid.
Passed by the City Council ofthe City of Richfield, Min-
nesotathis 9th day of November, 1998.
Martin J. Kirsch, Mayor
ATTEST:
Thomas P, Ferber, City Clerk
(Nov. 18, 1998) DZ/Cty Rchfld Bill #1998-23